ML20030B951
| ML20030B951 | |
| Person / Time | |
|---|---|
| Site: | Bailly |
| Issue date: | 08/21/1981 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| References | |
| NUDOCS 8108250241 | |
| Download: ML20030B951 (4) | |
Text
[( '
/s W
L 4
/
I,7
' ~~u 2 j 193l h d
~
~
% ""% d p ' NUCLEAR REGULATORY COMMISSION
"*8 UNITED STATES OF AMERICA C
pjG211981>
6-cece cf twe teretM M/'
sp pg.
- &Std.;t 4
m q
W6 In the Matter of NORTHERN INDIANA PUBLIC SERVICE COMPANY N
g\\
(Bailly Generating Station, Nuclear 1), Docket No. 50-367
$ERly; Aug 3 AMENDED NOTICE OF OPPORTUNITY FOR HEARING (PILINGS)
/rc/
On November 26, 1979, the Nuclear Regulatory Commission issued a " Notice of Opportunity for Hearing on Construction Permit Extension," 44 Fed. Reg. 69061, pursuant to which a hearing was
?
requested and is presently being conducted by an Atomic Safety
)
and Licensing Doard.
On July 1, 1981, the United States Court of Appeals for the District of Columbia Circuit held, in State of Illinois v. NRC, an unpublished decision, that the Commission had erred when, on December 12, 1979, it ruled that the plan of the licensee, Northern Indiana Public Service Company, to use shorter foundation pilings than originally contemplated for the Bailly facility, did not require a hearing under Section 189a of the Atomic Energy Act.
Finding such a hearing " desirable and feasible," as well as "within the contemplation of Congress," the court noted the pendency of the hearing on the construction permit extension, and concluded that "the case should be remanded to the Comniission with directions to include the piling depth question in the pend-ing certificate amendment hearing."
The court stated that this Gb h
\\
0108250241 810821 O['DR ADOCK 05000367 PDR w
4 i
l 2
was "an easy solution to this dispute which would allow the public to air its views as to what appears to be a change in the original foundation plan and also allow NIPSCO to proceed with construction without undue delay."
In light of the court's decision treating the " shorter pilings plan" as a det facto request for a construction permit amendment, which under the unique facts of this case requires an opportunity for hearing, notice is hereby given that any person whose interest may be affected by the licensee's plan to drive foundation piles i
,~
into the glacial lacustrine deposits underlying the site may file t
a request for a hearing on the amendment.
Petitions for leave to l
intervene must be filed by 30 days from publication of Federal i
Register Notice in accordance with the provisions of this Notice I
j and Section 2.714 of the Commission's Rules of Practice in 10 CFR I
Part 2.
A petition for leave to intervene must set forth t tth particularity the interest of the petitinier in the proceeding and how that interest may be af fected by the results of the proceed-ing, including the reasons why petitioner should be permitted to intervene, with particular reference to the factors enumerated in 1
paragraph (d) of 10 CFR S2.714.
The petition should also identify the specific aspect or aspects of the subject matter of the proceed-
~
ing with regard to which the petitioner wishes to intervene.
Such petitions must be filed with the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, D.C.
20555, Attention:
I Docketing and Service Section, by the above date.
A copy of the
'f J
.e-
...*=o
'*q_,
d 4
i 3
l petition and/or request for hearing should be sent to the Executive Legal Director, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555, and to William H. Eichhorn, Esq., 5243 Hohman Avenue, Hammond, Indiana, 46368, the attorney for the permittee.
i Not later than fifteen (15) days prior to the first prehearing conference scheduled in the proceeding, the petitioner shall file a supplement to the petition to intervene which must include a list of the contentions which are sought to be litigated in the matter, and the bases for each contention set fo-h with reasonable specificity.
A petitioner who fails to file such a supplement
]
which satisfies these requirements with respect to at least one contention will not be permitted to participate as a party.
j All petitions will be acted upon by the Atomic Safety and Licensing Board currently conducting the Bailly construction permit extension proceeding.
Any person permitted to intervene j
becomes a party to the pilings proceeding, with the right to I
participate fully in the conduct of the hearing, including the i
presentation of evidence and the cross-examination of witnesses.
Finally, it should be noted that while the court's decision makes reference to the practical advantage of using'the ongoing construction permit amendment proceeding, it contains no suggestion that it intended that the issue of piling depth be treated as a factor in determining whether the licensee's request for an exten-
+
l sion of the facility completion date should be granted.
- Moreover, 1
l
= ll
,s
.~-m
--+--a
+
4m A
-w
++b-JC
--n--
s
---,-a2----
--A1-a--'
S Am
-s--
--"--}'"m+"uma---
r 4
1 the two issues are analytically distinct.
Thus while the same Board will be deciding on the acceptability of the pilings proposal and on the request for an extension of the completion date, and l
while there may be a substantial identity of parties, the proceed-1 l,
ings are not to be consolidated, unless the Board, for reasons not presently apparent to the Commission, decides that such consolida-
)
tion is appropriate.
It is expected that separate decisions will 1
be rendered on the two issues, whether or not the Board wishes to
{
issue those decisions in the same document.
The Board will have j
the authority to determine the order in which issues are considered and decisions rendered in the two proceedings.
The date of effec-tiveness of the Board's decision on the pilings issue will be determined in accordance with the general rules on the immediate effectiveness vel non of Licensing Board decisions on construction permit amendments that is in force at the time the decision is issued.
I For further information with respect to this matter, documents are available for inspection by the public at the Commission's Public Document Room, 1717 H Street, N.W.,
Washington, D.C.,
and -
l at the Westchester Township Public Library, 125 South Second Street, l
Chesterton, Indiana, i
POR THE NUCLEAR f EGULdTORY COMMISSION f
q i
49 V(4r
%L ccq h
/
"y SAMUEL J.
HILK A
i f'
i &
Secretary of th Commission sd
-)
.a-I Dated at Washing ton, D.C.
j this 3L/d day of August, 1981.
.J.-
....